The father of Jordan Neely, who tragically lost his life in a subway incident, has initiated a lawsuit against Daniel Penny, the Marine veteran involved in the chokehold case that is currently under deliberation by a Manhattan jury.
Andre Zachary filed the complaint on Wednesday in New York Supreme Court, accusing Penny of negligence, assault, and battery which, he claims, resulted in the untimely death of his son, who was 30 years old and unarmed at the time of the May 1, 2023 incident aboard an underground train.
According to reports, Penny, then aged 24, held Neely in a chokehold for approximately six minutes after Neely began exhibiting erratic behavior and shouting on a crowded subway. Zachary is seeking damages that exceed the limits typically covered by lower courts.
Penny’s legal representative, Steven Raiser, has dismissed the lawsuit as an unwelcome distraction, particularly as Penny awaits a jury’s verdict that carries potentially more severe implications than the civil suit. Raiser stated on Thursday that Penny had not yet been served with the lawsuit and emphasized that they would not allow this development to derail their focus during such a stressful time.
As the jury entered its third day of deliberation, they continued to review the testimony of the city medical examiner, Dr. Cynthia Harris, who had examined Neely’s body and analyzed bystander footage as part of the autopsy process. They then returned to closed discussions.
Penny’s defense has primarily aimed at disputing the medical examiner’s conclusion that the chokehold was the cause of Neely’s death. A defense expert testified that Neely’s death was influenced significantly by synthetic marijuana, known as “K2,” as well as by his pre-existing condition of schizophrenia and the altercation with Penny.
On Wednesday, jurors expressed an interest in revisiting videos from police and bystanders, including body camera footage from the officers who responded to the incident and a later recording of Penny’s interviews with police detectives at the station.
Penny has pleaded not guilty to charges of manslaughter and criminally negligent homicide. Prosecutors allege that he acted recklessly by applying excessive pressure on Neely’s neck for an extended period, while Penny’s defense argues that his actions were warranted to protect the other subway passengers.
Eyewitnesses, including Penny and several other passengers, reported that Neely had been vocal about his willingness to die, go to jail, or even inflict harm on others.
This case has sparked intense discussions about various societal issues including race relations, public safety, homelessness, and mental health. Penny is portrayed by some as a heroic figure, while others view him as a vigilante who wrongfully ended the life of a troubled Black man in desperate need of assistance.
The outcome of this case remains crucial, as it engages with broader themes that affect numerous communities.
